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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
CALL TO ORDER
The Regular Council Meeting of October 15, 2012, was convened at 6:00 P.M. by
Mayor Eric Struemph.
ROLL CALL
The following Council Members were present for the roll call:
Present: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner,
and Weber
Absent: Mihalevich
A quorum was declared present.
MISCELLANEOUS AGENDA ITEMS
Mayor Struemph recognized Ms. Anne Stratman as recipient of the 2012 Outstanding
Service Award for the City of Jefferson. He congratulated her upon the award, thanked
her for her exemplary service to the City, and presented her with a framed copy of
RS2012 -16 which the Council will adopt later in the meeting. Ms. Stratman thanked him,
and recognized her supervisor, Janice McMillan, whom she stated is a "great boss" for
which to work.
PUBLIC HEARINGS
a. Rezoning 2.59 Acres at 3110 Algoa Road from C -1 and RU to RS -2 and
Endorsing Comprehensive Plan Amendment
Following a staff presentation by Planning and Protective Services Director Janice
McMillan, no one came forward to speak in favor of, or opposition to, the proposed
rezoning. Mayor Struemph declared the evidentiary portion of the public hearing
concluded, and announced that the Council will now take up the associated pending bill.
Bill 2012 -74, sponsored by Councilman Mihalevich, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING 2.07 ACRES FROM A COMBINATION OF C -1,
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
NEIGHBORHOOD COMMERCIAL, AND RU, RURAL USE, TO RS -2, LOW DENSITY
RESIDENTIAL, AND RU, RURAL USE, FOR LAND ADDRESSED AS 3110 ALGOA
ROAD, DESCRIBED AS PART OF SURVEY NO. 2680 AND PART OF SECTION 22,
TOWNSHIP 44 NORTH, RANGE 11 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2012 -74 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15023:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
b. Rezoning 4.25 Acres at 305 and 307 Flora Drive from C -2 and PUD to C -O
Following a staff presentation by Planning and Protective Services Director Janice
McMillan, no one came forward to speak in favor of, or opposition to, the proposed
rezoning. Mayor Struemph declared the evidentiary portion of the public hearing
concluded, and announced that the Council will now take up the associated pending bill.
Bill 2012 -75, sponsored by Councilman Mihalevich, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING 4.25 ACRES FROM C -2, GENERAL
COMMERCIAL, AND PUD, PLANNED UNIT DEVELOPMENT, TO C -O, OFFICE
COMMERCIAL, FOR LAND ADDRESSED AS 305 AND 307 FLORA DRIVE,
DESCRIBED AS PART OF SECTION 13, TOWNSHIP 44 NORTH, RANGE 12 WEST,
JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2012 -75 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15024:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
c. Amending Chapters 21 and 35 of the Code Pertaining to Noise
Following a staff presentation by City Counselor Drew Hilpert, he answered questions
asked by Council Members.
At the conclusion of the staff presentation, the following members of the public came
forward to speak on the issue:
REGULAR COUNCIL MEETING, OCTOBER 15, 2012
IN FAVOR:
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Ms. Donna Deetz, President of Downtown Business Association and Business
Owner
Mr. Stan Idell, musician and resident of Ash Street
Mr. Robert Clark, who also mentioned the issue of "Jake Brakes" which he stated
needs to be included in the list of regulated noises.
Mr. Mark Mehmert, Chamber of Commerce
Mr. Leonard Steinman
IN OPPOSITION:
Mr. Michael Brownstein, resident of Ash Street
Mr. Jerry Knollmeyer
Ms. Audrey Smollen, Legal Counsel for Mr. Brownstein
At the conclusion of testimony, Mayor Struemph stated the Council will now take up the
associated pending bill.
Bill 2012 -76, sponsored by Councilman Bray, entitled:
AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 35 OF THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, BY CREATING NOISE GENERATION
REGULATIONS.
Following a lengthy discussion by Council, and questions asked of various staff,
Councilman Ralph Bray stated he wished to place Bill 2012 -76 on the Informal Calendar
at this time.
RECESS
Mayor Struemph called for a five - minute recess at this time (7:35 P.M.)
RECONVENE
The meeting was reconvened at 7:40 P.M. by Mayor Struemph with the following
Council Members present:
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
Present: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner,
and Weber
Absent: Mihalevich
MINUTES AND REPORTS RECEIVED AND FILED
Mayor Struemph announced that the following minutes and reports have been received
and are on file for review in the City Clerk's office:
a. August Finance Reports
b. USS Jefferson City Submarine Committee, September 19 and September 25,
2012
c. Police Personnel Board, August 23, 2012
d. Housing Authority Board of Commissioners, August 28, 2012
e. Animal Control Section Monthly Report for September
f. Environmental Quality Commission, August 16, 2012
g. Cultural Arts Commission, August 23, 2012
h. Public Safety Committee, August 30, 2012
i. JCTV Steering Committee, August 31, 2012
j. Board of Adjustment, September 11, 2012
k. Parks and Recreation Commission, September 11, 2012
Mayor Struemph thanked the citizens who volunteer their time and expertise on these
boards and commissions.
COUNCIL COMMITTEE REPORTS
Administration Committee — Councilwoman Carrie Carroll announced that the next
meeting would be Wednesday, October 24 at 8:00 A.M.
Finance Committee - Councilman Shawn Schulte announced that next Finance
Committee meeting is scheduled for Tuesday, October 23 at 7:30 A.M.
Public Safety Committee — Councilman Bryan Pope announced that the next meeting
will be held on Thursday, November 1, immediately following the 7:30 A.M. Brown
Bagel Work Session. He also announced there will be a dinner event to honor the 20th
anniversary of the commissioning of the USS Jefferson City Submarine held on Friday
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
evening, October 19 and gave citizens information regarding how to make reservations
and attend.
Public Works & Planning Committee - Councilman Bob Scrivner announced that the
next meeting will be held on Thursday, October 18 at 7:30 A.M.
Other Committee and Liaison Reports — No other reports were given at this time.
APPOINTMENTS BY THE MAYOR
Mayor Struemph recommended the following appointments to the Council for their
approval:
a. Appointments to City Boards and Commissions:
Board or Commission
Recommended Appointment
Expires
Status
JCTV Steering Committee
Jeff Bassinson
Feb 2013
Partial
A motion was made by Councilman Rick Prather for approval of the appointment as
recommended, seconded by Councilman Larry Henry, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
Former Mayor Duane Schreimann and Ms. Kathi Harness made a presentation
expressing their views in favor of the Meadows by the Club Annexation issue which will
appear on the November 6 ballot.
ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF
No announcements were made at this time.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
Mr. Brandon Swyers, First Student Transportation Services, made a presentation
regarding Bill 2012 -79 pertaining to parking on a portion of Norman Drive. He asked the
Council to amend the bill to allow the buses to continue to park on at least a portion of
Norman Drive.
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
Mr. Frank Underwood, First Student Transportation Services, also made a
presentation regarding Bill 2012 -79 asking the Council to consider amending the bill.
CONSENT AGENDA
The following items were brought before the Council for approval by consent:
a. Minutes of City Council Meetings: September 24, September 27, and October 1,
2012
b. Renewal (Year 2) Contract with Tow Pro, LLC for Towing and Storage of Motor
Vehicles
A motion was made by Councilman Bob Weber for approval of the Consent Agenda as
presented, seconded by Councilman Ralph Bray, and approved unanimously by the
following roll -call vote:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
BIDS OVER $50,000
Bid 2637 — Breathing Apparatus, Fire Department
A motion was made by Councilwoman Carrie Carroll for approval of the Bid as
presented, seconded by Councilman Rick Prather, and approved unanimously by the
following roll -call vote:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
*Councilman Ralph Bray left the Council Chambers temporarily at this point in the
meeting
BILLS INTRODUCED
2012 -83, sponsored by Councilman Schulte, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO THE UTILITY CAP EXEMPTION.
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
2012 -84, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
PERTAINING TO STORMWATER / FLOODPLAIN MANAGEMENT.
Councilman Scrivner requested suspension of the rules at this time. There were no
objections to the request to suspend the rules.
Bill 2012 -84 was read second and third times by title, placed on final passage and
passed by the following roll -call vote as Ordinance 15030:
Aye: Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and Weber
Nay: None
*Absent during vote: Bray
2012 -85, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING CERTAIN
PROPERTY TO BE SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID
PROPERTY.
2012 -86, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH USIC LOCATING
SERVICE, INC., FOR WASTEWATER UTILITY LOCATING SERVICES.
2012 -87, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND
DISCONTINUING A STREET RIGHT -OF -WAY ON CHESTNUT STREET BETWEEN
EAST ATCHISON AND EAST DUNKLIN STREET.
2012 -88, sponsored by Councilwoman Carroll, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
BY ESTABLISHING TAXI CAB LOADING ZONES ON MONROE STREET AND
COMMERCIAL WAY.
*Councilman Ralph Bray returned to the Council Chambers at this point in the meeting
(8:08 P.M.)
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
2012 -89, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING
ORDINANCE 15010 BY CAUSING THE APPROPRIATION TO SURVIVE THE 2012-
2013 BUDGET YEAR.
Councilman Schulte requested suspension of the rules at this time. There were no
objections to the request to suspend the rules.
Bill 2012 -89 was read second and third times by title, placed on final passage and
passed by the following roll -call vote as Ordinance 15031:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
2012 -90, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $15,000,000
PRINCIPAL AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS (STATE OF
MISSOURI — DIRECT LOAN PROGRAM) SERIES 2012 OF THE CITY OF
JEFFERSON, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING
THE CITY'S SEWERAGE SYSTEM; PRESCRIBING THE FORM AND DETAILS OF
THE BONDS AND THE AGREEMENTS MADE BY THE CITY TO FACILITATE AND
PROTECT THEIR PAYMENT AND PRESCRIBING OTHER RELATED MATTERS
2012 -91, sponsored by Councilman Schulte, entitled:
AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT
PROJECT FOR UNILEVER MANUFACTURING (US), INC., A DELAWARE
CORPORATION, CONSISTING OF THE ACQUISITION AND INSTALLATION OF
NEW EQUIPMENT AT THE EXISTING PLANT; AUTHORIZING THE CITY OF
JEFFERSON, MISSOURI, TO ISSUE TAXABLE INDUSTRIAL DEVELOPMENT
REVENUE BONDS (UNILEVER MANUFACTURING (US), INC. PROJECT), SERIES
2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $23,280,000 TO FINANCE THE
COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN
DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
WITH THE ISSUANCE OF THE BONDS.
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
2012 -92, sponsored by Councilman Schulte, entitled:
AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT
PROJECT FOR ALPLA, INC., A GEORGIA CORPORATION, CONSISTING OF THE
ACQUISITION AND INSTALLATION OF NEW EQUIPMENT AT THE EXISTING
PLANT; AUTHORIZING THE CITY OF JEFFERSON, MISSOURI, TO ISSUE TAXABLE
INDUSTRIAL DEVELOPMENT REVENUE BONDS (ALPLA, INC. PROJECT), SERIES
2012, IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 TO FINANCE THE
COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN
DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
WITH THE ISSUANCE OF THE BONDS.
2012 -93, sponsored by Councilwoman Carroll, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011-
2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING
FUNDS WITHIN THE GENERAL FUND, PUBLIC ARTS, AND REAPPROPRIATING IT
IN THE 2012 -2013 BUDGET, GENERAL FUNDS, PUBLIC ART.
Councilwoman Carroll requested suspension of the rules at this time. There were no
objections to the request to suspend the rules.
Bill 2012 -93 was read second and third times by title, placed on final passage and
passed by the following roll -call vote as Ordinance 15032:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
BILLS PENDING
Bill 2012 -77, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
3.5 OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY
ADOPTED BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY
ORDINANCE 14725.
Bill 2012 -77 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15025:
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
Bill 2012 -78, sponsored by Councilman Scrivner, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HOUCK TRANSIT
ADVERTISING.
Bill 2012 -78 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15026:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
Bill 2012 -79, sponsored by Councilman Prather, entitled:
AN ORDINANCE AMENDING SECTION 19 -401, (MOTOR VEHICLES AND TRAFFIC),
SCHEDULE (J), (PARKING PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO A PORTION OF NORMAN
DRIVE.
Bill 2012 -79 was read third time by title and placed on final passage. Following a
lengthy discussion, Councilman Prather requested that Bill 2012 -79 be placed on the
Informal Calendar at this time.
Bill 2012 -80, sponsored by Councilman Prather, entitled:
AN ORDINANCE AMENDING SECTION 19 -401 (MOTOR VEHICLES AND TRAFFIC),
SCHEDULE (0), (PARKING TIME LIMIT ZONES), SUBPARAGRAPH (F), TIME ZONE
F, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY MODIFYING A
PORTION OF 700 BLOCK OF WEST MAIN STREET.
Bill 2012 -80 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15027:
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
Bill 2012 -81, sponsored by Councilman Prather, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19 -401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (J), (PARKING
PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO A PORTION OF WICKER LANE.
Bill 2012 -81 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 15028:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
Bill 2012 -82, sponsored by Councilman Schulte, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2011-
2012 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING
ADDITIONAL FUNDS FROM THE GENERAL FUND TO VARIOUS ACCOUNTS FOR
FUEL AND PARTS.
Bill 2012 -82 was read third time by title and placed on final passage. A motion was
made by Councilman Shawn Schulte, seconded by Councilman Rick Prather, to accept
Substitute No. 2 which was previously distributed to the Council. Motion to accept
substitute was approved unanimously.
Following discussion, Bill 2012 -82 was then passed, as substituted, by the following roll -
call vote as Ordinance 15029:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
INFORMAL CALENDAR
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
There were no bills on the Informal Calendar at this time.
RESOLUTIONS
RS2012 -16
A RESOLUTION RECOGNIZING ANNE STRATMAN AS THE RECIPIENT OF THE
2012 OUTSTANDING SERVICE AWARD FOR THE CITY OF JEFFERSON.
A motion for adoption of RS2012 -16 was made by Councilman Bob Weber, seconded
by Councilman Rick Prather, and approved unanimously by the following roll -call vote:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
RS2012 -17
A RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO APPROVE THE
INDUSTRIAL DRIVE STORM WATER PROJECT CONSTRUCTION CONTRACT
A motion for adoption of RS2012 -17 was made by Councilman Bob Weber, seconded
by Councilman Rick Prather, and approved unanimously by the following roll -call vote:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
SCHEDULED REPORTS
There were no reports scheduled for this time.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
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REGULAR COUNCIL MEETING, OCTOBER 15, 2012
COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY
There were no presentations made at this time.
NEW BUSINESS
Councilman Bob Weber thanked Janice McMillan and the Planning and Protective
Services Department for the recent clean -up and enforcement of a local business on
East McCarty Street.
UNFINISHED BUSINESS
There was no unfinished business brought forward.
APPROVAL OF CLOSED SESSION MINUTES
A motion was made by Councilman Bryan Pope to approve the October 1, 2012 Closed
Session Minutes, seconded by Councilman Bill Luebbert, and approved unanimously by
the following roll -call vote:
Aye: Bray, Carroll, Henry, Luebbert, Pope, Prather, Schulte, Scrivner, and
Weber
Nay: None
ADJOURNMENT
A motion for adjournment was made by Councilman Bob Weber, seconded by
Councilman Shawn Schulte, and approved unanimously at 8:50 P.M.